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PAGE NO.
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10.37547/tajpslc/Volume07Issue02-03
OPEN ACCESS
SUBMITED
09 December 2024
ACCEPTED
11 January 2025
PUBLISHED
13 February 2025
VOLUME
Vol.07 Issue02 2025
CITATIO N
Raimov Elbek Bahadirovich. (2025). Foundation documents of higher
education organizations and their types. The American Journal of Political
Science Law and Criminology, 7(02), 12
–
15.
https://doi.org/10.37547/tajpslc/Volume07Issue02-03
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Foundation documents of
higher education
organizations and their
types
Raimov Elbek Bahadirovich
Senior lecturer of the Department of "Legal Sciences" of the National
University of Uzbekistan named after Mirzo Ulug'bek, Uzbekistan
Abstract:
This article provides information on the
constituent documents of higher education institutions
that determine their legal capacity and activities. In
addition, the article provides analytical information and
legal bases on the charters and regulations that
determine the direction of activities of non-
governmental and state educational organizations.
Keywords:
Special legal capacity, accreditation,
organizational and legal form, educational program,
representative office, branch, legal entity, management
structure, academic management.
Introduction:
The legislative framework governing
higher education institutions plays a crucial role in
ensuring academic quality, institutional independence
and accountability. In Uzbekistan, where serious
reforms are being implemented in the field of higher
education, a solid legislative framework is necessary to
establish the functioning and management of higher
education institutions.
We know from our legislation that legal entities operate
mainly on the basis of the Civil Code, other legislative
acts, as well as the charter and other constituent
documents. As we noted above, the special legal
capacity of legal entities is determined by its charter,
regulations or legislation. Within the framework of
higher education institutions, we will consider their
constituent documents.
The special legal capacity of higher education
institutions is also set out in its charter or regulations.
For example, the new charter of the National University
of Uzbekistan, adopted in 2018, states that the
university is a state higher education institution and is
engaged in educational activities in the implementation
of basic and additional educational programs of higher
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The American Journal of Political Science Law and Criminology
education, as well as carrying out educational and
pedagogical, scientific, scientific-methodical and other
educational activities and providing services in
accordance with the legislation of the Republic of
Uzbekistan, which indicates that the institution has
special legal capacity.
The current legislative framework for higher education
institutions in Uzbekistan was formed by the Law "On
Education" adopted in 2020. This law serves as the
regulatory framework for the activities of higher
education institutions in our country. It establishes the
rights and obligations of students and professors, as
well as the management structure of these
institutions. In addition, the law establishes guidelines
for the accreditation and quality assurance of higher
education programs in order to ensure compliance
with international standards. While this legislative
framework provides a comprehensive framework, it
still needs to be further developed to address
emerging challenges in higher education. By
continuously updating and improving the existing
legislative framework, Uzbekistan can improve the
overall quality and global competitiveness of its higher
education system.
We can see the views of the researcher A. Kramenko
that in order for legal entities to have property and
personal non-property rights, the legislation requires
them to undergo state registration [1].
The founding documents of higher education
institutions in Uzbekistan play a crucial role in creating
the foundations for academic governance and
activities in the national education system. These
documents, which include the charter, regulations, and
other regulatory documents, serve as the main
principles that determine the mission, vision, and
strategic direction of higher education institutions. By
defining the obligations and rights of key stakeholders
such as faculty, staff, students, and administration,
these documents ensure transparency, accountability,
and adherence to academic standards and ethical
principles. In addition, they determine the
organizational structure, management processes, and
decision-making mechanisms that govern the daily
activities of these institutions. A comprehensive
analysis of these founding documents allows us to gain
an understanding of the historical conditions, socio-
political influences, and institutional values that have
shaped the development of higher education
institutions in Uzbekistan.
Based on Yu. Tikhimorov's opinion that the legal
institution of state registration of legal entities serves
to ensure public interests and strengthen legislation in
the economic sphere, it is regulated by both civil law
and administrative law [2], we should mainly cover our
research work in this area.
When studying the existence of constituent documents
in higher education institutions, it becomes clear that
these documents play a decisive role in shaping the legal
basis for the activities of a higher education institution.
Constituent documents, such as charters and
regulations, set out the main principles, goals and
management structures of educational institutions.
These documents often emdiv the values and views of
the institution, which influence decision-making
processes and guide strategic initiatives. In addition,
they serve as criteria for assessing institutional
effectiveness
and
compliance
with
legislative
requirements.
Since higher education institutions in our country are
organized as legal entities, we will directly turn to the
Civil Code of the Republic of Uzbekistan when analyzing
their constituent documents. According to Article 43 of
the Civil Code, “A legal entity shall operate on the basis
of a charter or on the basis of a founding agreement and
a charter, or only on the basis of a founding agreement.
In cases stipulated by law, a legal entity that is not a
commercial organization may operate on the basis of
regulations on organizations of this type. The founding
agreement of a legal entity shall be concluded by its
founders, and its charter shall be approved. In
accordance with this Code, a legal entity established by
one founder shall operate on the basis of the charter
approved by this founder [3].”
A legal entity carrying out educational activities must
have a charter as its constituent document, which
contains rules established by it, which are developed
and adopted by the founder (or founders). According to
Article 32 of the Law “On Education”, the charter of an
educational organization must reflect the following
information:
• type and form of education;
• goals and tasks of the educational organization;
• organization and content of educational and scientific
-
methodical works;
• procedure for admission to an educational institution;
• the structur
e of the educational organization,
management bodies and public structures;
• the status, rights and obligations of students,
pedagogic staff, educational staff, administrative and
management staff;
• property and tools of the educational organization;
• p
rocedure for establishment, reorganization and
termination of educational organization.
In our opinion, this is not an exhaustive list, but the
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The American Journal of Political Science Law and Criminology
following information should be included in the
charter:
1) the type of educational organization, taking into
account its organizational and legal form;
2) the name of the educational organization (full and
abbreviated);
3) the founder (or founders and their composition);
4) the types of educational programs implemented,
taking into account the level and (or) direction of
education;
5) the legal address (location of the educational
organization);
6) the composition of the governing bodies, their
powers and their terms of formation;
7) the language in which education and upbringing are
conducted;
8) the procedure for providing paid educational
services;
9) the procedure for disposing of the property of the
educational organization;
10) the implementation of entrepreneurial activities;
11) the rights and obligations of students (parents,
legal representatives);
12) the procedure for reorganization and liquidation of
the educational organization.
The educational organization as an independent legal
entity forms its internal structure - structural divisions
that ensure the implementation of educational
activities, taking into account the type and type of the
educational organization, as well as the implemented
educational programs. Such structural divisions
include:
• branches and representative offices;
• sections;
• faculties;
• institutions;
• centers;
• departments;
• preparatory departments and courses;
• scientific research, methodological and educational
departments;
• laboratories;
• clinics;
• training grounds;
• educational theaters;
• exhibition halls;
• educational dance and opera studios;
• artistic and crea
tive workshops;
• libraries; museums;
• sports clubs;
• bedrooms;
• boarding schools and other units stipulated in the
charter of the educational organization and local
regulatory documents.
Branches and representative offices are also structural
divisions of the higher education organization.
According to Article 47 of the Civil Code, “A
representative office is a separate division of a legal
entity located outside its location, representing and
protecting the interests of the legal entity. A branch is a
separate division of a legal entity located outside its
location and performing all or part of its functions,
including the functions of a representative office. Unless
otherwise established by law, representative offices and
branches are not considered legal entities. They are
provided with property by the legal entity that created
them and operate on the basis of the regulations
approved by it. The heads of representative offices and
branches are appointed by the legal entity and operate
on the basis of it
s power of attorney [4].”
Branches can be established in the territory of the
Republic of Uzbekistan, they must have a name, location
(postal address), current account (where all funds from
their activities are collected) and an independent
balance sheet. The heads of branches are appointed by
the executive bodies of the educational organization
and operate on the basis of a power of attorney. The
decision to establish branches and representative
offices is approved by the founder of the educational
organization and is enshrined in the charter of this
organization.
According to Article 47 of the current Civil Code,
representative offices and branches are not considered
legal entities, unless otherwise established by law [5].
However, according to Article 29
of the “Law on
Education” [6], we can see that educational
organizations of the Republic of Uzbekistan and their
branches, as well as branches of educational
organizations of foreign countries, are established with
the status of legal entities.
The heads of higher educational organizations are
usually elected by the general meeting of employees,
the scientific council, the teaching staff, etc., on the
basis of the charter and legislation, appointed by the
founder, appointed by the President of the Republic of
Uzbekistan, the Government of the Republic of
Uzbekistan, and in some cases hired by the founder.
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URL:
https://lex.uz/docs/5013007
